WILL: Abner Lee; Brutus, Cayuga co. NY surnames: Lee, Clements, Submitted by Judy Russo ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *********************************************************************** Will of Abner LEE Brutus, Cayuga County, NY Volume F page 204 Transcribed from SAMPUBCO copy by Judy Russo To the Surrogate of the County of Cayuga. The petition of Maria LEE of the town of Brutus County of Cayuga & State of New York, respectfully sheweth That Abner LEE late of the town of Brutus in the County of Cayuga aforesaid, departed this life on or about the first day of July in the year of our Lord one thousand eight hundred & forty three. That the said deceased was at the time of his death an inhabitant of the said County of Cayuga. That he has left a last will & testament which is dated the seventh day of March in the year of our Lord one thousand eight hundred & thirty nine, and a codicil thereto dated 27th May 1843. That in & by the said will the said deceased appointed your petitioner sole Executrix thereof. That the said deceased left the following heirs at law & next of kin towit, Alfred LEE of Ashtabula County Ohio, Sally CLEMENTS wife of Tobias CLEMENTS of Elbridge Onondaga County & Smith LEE of Brutus aforesaid. That he left Mary LEE his widow residing in Brutus aforesaid. That said will relates to both real & personal estate. That your petitioner is desirous of proving said last will & testament as a will of real & personal estate, that the same may be recorded as such in pursuance of the Statute in such case made & provided. Your petitioner therefore prays the Surrogate aforesaid that the necessary steps may be taken before him for that purpose. Dated 19th Sept 1843 Maria LEE. Cayuga County ss: Maria LEE the above petitioner being duly sworn deposes & says that the facts stated in the above petition by her signed are true to the best of her knowledge & belief. Maria LEE. Sworn this 19th day of Sept 1843 before me Geo. H. WOOD Surrogate Surrogates Court Cayuga. In the matter of the proof & probate of the last will & testament of Abner LEE, decd. We the undersigned widow heirs at law & next of kin to Abner LEE late of the town of Brutus in the County of Cayuga deceased do hereby waive the service of the citation required by law to attend the proof & probate of the last will & testament of said deceased & do consent that the same may be proved before the Surrogate of Cayuga County at any time when the same shall be presented for that purpose. Witness our hands the 9th day of August A.D. 1843 Smith LEE. In presence of Charles ROWLEY by Smith LEE & T. CLEMENTS & wife: Alfred LEE, Mary LEE, Tobias CLEMENTS, Sally CLEMENTS. State of Ohio Ashtabula County ss: Personally appeared before Laban A. SHERMAN a Justice of the Peace in the said County the above named Alfred LEE & Mary LEE his wife & acknowledged the signing of the above instrument, as witness my hand & official signature this 9th day of September A.D. 1843 Laban A. SHERMAN, Justice of the Peace The people of the state of New York by the grace of God free & independant. To Mary LEE widow of Abner LEE late of Brutus in the County of Cayuga deceased, greetings. You are hereby cited and required personally to be & appear before our Surrogate of our County of Cayuga at his Office in Auburn in said County on the thirtieth day of September inst. at ten O'clock in the forenoon of that day, to attend the proof & probate of the last will & testament of the said deceased, which relates to both real and personal estate, and is presented for proof & probate by Maria LEE sole Executrix therein named & hereof fail not. In testimony whereof we have caused the seal of Office aforesaid Surrogate to be hereunto affixed. Witness George H. WOOD Surrogate of said County at Auburn the nineteenth day of September in the year of our Lord one thousand eight hundred & forty three. Geo. H.WOOD Surrogate. Cayuga County ss: Charles ROWLEY of Brutus in said County being duly sworn says that on the nineteenth day of September instant he personally served the foregoing citation upon Mary LEE the person therein named by showing to her said citation & at the same time handing to her a copy thereof. Charles ROWLEY. Sworn this 30th day of Sept 1843 before me Geo. H. WOOD, Surrogate. At a Surrogates Court held at the Surrogates Office in the Village of Auburn in & for the County of Cayuga on the thirtieth day of September A.D. 1843. Present George H. WOOD, Surrogate. The instrument in writing purporting to be the last will & testament of Abner LEE late of Brutus in said County deceased & the codicil thereto, was now offered for proof & probate as a will of real & personal estate pursuant to the Statute. On filing due proof of the Service of the citation issued in this matter & the consent of the heirs at law & next of kin to said decease waiving the service of a citation, this matter was now brought on to be heard. And two of the subscribing witnesses to said will & codicil were produced in open court & testified as follows: In the matter of the proof & probate of the last will & testament of Abner LEE decd. Cayuga County ss: Edward ROTCH of Brutus in said County being duly sworn deposes & says, I was well acquainted with Abner LEE late of Brutus aforesaid deceased. I was present when a certain instrument in writing now here shown to me, dated the seventh day of March A.D. 1839 purporting to be the last will & testament of said deceased, was executed. I saw the deceased execute said instrument by signing his name thereto. I heard him publish & declare the same to be his last will & testament. The deceased requested me to become a subscribing witness to the execution thereof. I did so & signed my name thereto as such witness in his presence. The said deceased was in my opinion at the time of the execution of said instrument of a sound & disposing mind & memory and in all respects competent to make & publish a last will and testament & to devise real estate. He was of full age and under no restraint that I know of. Edward Rotch. Sworn this 30th day of Sept 1843 before me Geo. H. WOOD, Surrogate In the matter of the proof & probate of the last will & testament of Abner LEE decd. Cayuga County ss: John J.B. RUDIS of Brutus in said County being duly sworn deposes & says, I was well acquainted with Abner LEE late of Brutus aforesaid deceased. I was present when a certain instrument in writing now here shown to me dated the seventh day of March A.D. 1839 purporting to be the last will & testament of said deceased was executed. I was also present when a certain instrument in writing now here shown to me, dated the 27th day of Mary last past purporting to be a codicil to the last will & testament of said deceased, was executed. I saw the deceased execute each of said instruments by signing his name thereto. I heard him publish & declare the first named instrument to be his last will & testament and the other to be a codicil thereto. The deceased requested me to become a subscribing witness to the execution of each of said instruments. I did so & signed my name to each in his presence. The said deceased was in my opinion at the time of the execution of each of said instruments of a sound & disposing mind & memory. And in all respects competent to make & publish a last will & testament & to divise real estate. He was of full age & under no restraint that I know of. After the execution of each of said instruments, the same were left with me by the deceased for safekeeping. I kept the same safely in my posession until after the death of the deceased when I handed the same to Maria LEE the Executrix therein named. While said instruments were in my posession they were in no respect altered or erased except the addition of the letter S to the name of Abner LEE, which was done by request & in presence of deceased. John J.B. RUDIS. Sworn this 30th day of Sept 1843 before me Geo. H. WOOD, Surrogate. In the matter of the proof & probate of the last will & testament of Abner LEE decd. Cayuga County ss: Elishaba PALMER of Brutus in said County being duly sworn deposes & says, I was well acquainted with Abner LEE late of Brutus aforesaid deceased. I was present when a certain instrument in writing now here shown to me dated the 27th day of May last past purporting to be a codicil to the last will & testament of said deceased was executed. I saw the deceased execute said instrument by signing his name thereto. I heard him publish & declare the same to be a codicil to his last will & testament. The deceased requested me to become a subscribing witness to the execution thereof. I did so & signed my name thereto as such witness in his presence. The said deceased was in my opinion at the time of the execution of said instrument of a sound & disposing mind & memory, and in all respects, competent to make & publish a last will & testament and to devise real estate. He was of full age & under no restraint that I know of. Elishaba PALMER. Sworn this 30th day of Sept 1843 before me Geo. H. WOOD Surrogate. In the matter of the proof & probate of the last will & testament of Abner LEE decd. Cayuga County ss: Maria LEE of Brutus in said County being duly sworn deposes & says. The instruments mentioned & described in the foregoing testimony were handed to me by John J.B. RUDIS after the death of the said deceased. I kept them safely in my posession until I brought them before the said Surrogate for proof. While said instruments were in my posession they were in no respect altered or erased. Maria LEE. Sworn this 30th day of Sept 1843 before me Geo. H. WOOD, Surrogate. WILL The last will & testament of Abner LEE of Brutus Cayuga County considering the uncertainty of this mortal life and being of sound mind & memory do make & publish this my last will & testament in manner & form following that is to say After my decease & the decease of my wife I give unto my grandson Abner S. LEE all the land that I now own that being in the said town of Brutus & the same on which I now reside with all the appurtenances thereunto belonging or in any wise appurtaining. I further ordain that my son Smith LEE & his wife is to have the use & benefit of the above described premises during their natural lives and then the same is to be and is hereby given & bequeathed to my grandson Abner S. LEE being the son of Smith LEE in this my last will above named. And I hereby appoint Mariah LEE my sole Executrix of this my last will & testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand & seal the seventh day of March one thousand eight hundred & thirty nine. Abner LEE Signed, sealed, published & declared by the above named Abner LEE to be his last will & testament in presence of us who have hereunto subscribed our names as witnesses in the presence of the testator. Edward ROTCH, Archibald WARD, John J. B. RUDIS Brutus, May 27th, 1843 Codicil to the above will. I Abner LEE do hereby revoke so much of the above will as relating the bequeathing of all my real estate to my grandson Abner S. LEE by dividing the same equally between Abner S. LEE & William Henry LEE both the sons of Smith & Mariah LEE and the same is to be held by my son Smith & Mariah his wife as described in the foregoing will. And that I hereby appoint Mariah LEE my sole Executrix to my last will & codicil. Abner LEE Signed, sealed & published & declared by the above named Abner LEE last will & codicil in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator. John J. B. RUDIS, Sally CLEMENTS, Elisheb PALMER Surrogates Court In the matter of the proof & probate of the last will & testament of Abner LEE, decd. I, Smith LEE of Brutus, Cayuga County, husband of Maria LEE who is named as sole Executrix of the last will & testament of Abner LEE late of Brutus, aforesaid deceased, do hereby consent that the said Maria LEE may act as such Executrix. Smith LEE. Witness my hand the 30th of September 1843 in presence of Geo. H. WOOD. I hereby certify that the preceeding is a true record of the proceedings, proofs & examinations taken before me in the matter of the proof & probate of the last will & testament & codicil of Abner LEE late of Brutus in the County of Cayuga deceased as a will of real & personal estate, and all of the said will & codicil thereto. And that the same were recorded on the thirtieth day of September in the year of our Lord one thousand eight hundred & forty three. Geo H. WOOD, Surrogate